Playmobil loses case it filed against scale modeller

A 41-year old woman who was taken to court accused of breaching copyright laws by selling scale-model scenes, which she had built using Playmobil figures, had her six-month conditional discharge confirmed after an appeal by the Attorney General.

In 2009, the Brandstatter Group, which owns the Playmobil brand, had notified the authorities that Victoria Vassallo had been selling scale-model scenes which contained Playmobil toys, on the internet. The group complained that she had altered a trademark without the consent of the trademark owner.

Vassallo had testified in her defence, explaining that she had been collecting the toys for over 30 years, and had exhibited a montage of toys in a courtroom setting, which she had made, by way of demonstration.

Vassallo had been charged with no less than 8 offences, including violation of intellectual property law, however she was only found guilty of using a mark resembling a registered trademark, which could lead to confusion. The public prosecutor's office had filed an appeal.

But recently the Court of Criminal Appeal, presided by Madame Justice Edwina Grima, held that , while the woman had used Playmobil products, the montages also contained toys from other manufacturers. What Vassallo had failed to do was to clearly state that her work had no connection to Playmobile, said the judge, confirming the decision of the court of first instance.